Madhya Pradesh High Court
Bhanwarsingh vs Gokulsingh on 17 July, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 SA-100-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
SA No. 100 of 2016
(BHANWARSINGH AND OTHERS Vs GOKULSINGH AND OTHERS )
Dated : 17-07-2025
Shri Jitendra Shukla - Advocate for the appellant.
Learned counsel for the appellant/s refers to I.A no. 3546/2019, which
shows to be pending, whereas the said I.A was disposed of vide order dated
17/09/2019.
Registry to make correction in the record.
Heard on I.A. No. 553/2023, which is an application filed under Order
XXII Rule 3 CPC.
Learned counsel for the appellants as well as legal representatives of
appellant no.2 Bahadur submits that Bahadur had expired on 30/10/2022. He
is survived by legal representatives as mentioned in the application. His
death certificate is annexed with the application. The application is filed
within the prescribed period of limitation. The right to sue and prosecute this
appeal survive in favour of LRs of Bahadur. Therefore, they may be
substituted in place of appellant 2 - Bahadur.
This second appeal is filed feeling aggrieved by rejection of the suit of
the appellants for declaration of title and possession by the trial Court and the
first Appellate Court. The right to sue and prosecute the appeal survive in
favour of the legal representatives of appellant no. 2 Bahadur. The
application for substitution is filed within the prescribed period of limitation.
Considering these aspects of the matter, I.A. No.553/2023 is allowed.
Signature Not Verified
Signed by: AMOL
NIVRUTTIRAO MAHANAG
Signing time: 17-07-2025
18:18:21
2 SA-100-2016
Let necessary amendment be incorporated in the cause title of appeal
memo within seven working days.
Also heard on I.A. No. 3972/2020, which is an application under
Order 22 Rule 3 of CPC.
Learned counsel for the appellants and the legal representatives of
appellant no. 1 Bhawarsingh submits that appellant Bhawarsingh has
expired on 17/09/2020. He is survived by legal representatives as mentioned
in the application. His death certificate is annexed with the application. The
application is filed within the prescribed period of limitation. The right to sue
and prosecute this appeal survive in favour of LRs of Bhawarsingh.
Therefore, they may be substituted and permitted to prosecute present appeal.
Considering these aspects of the matter, I.A. No.3972/2020 is allowed.
Let necessary amendment be incorporated in the cause title of appeal
memo within seven working days.
Learned counsel for the appellant submits that notice on IA no.
8617/2017 to legal representatives of respondent no. 2 Antarsingh received
back unserved. The appellant is ready to pay fresh process fees for service of
notice to legal representatives of respondent no. 2 Antarsingh
Issue notice to proposed legal representatives of the deceased
respondent no. 2 Antarsingh alongwith copies of I.A no. 8617/2019, appeal
memo and the impugned judgment through regular mode and registered post
acknowledgment due in accordance with the Rules contained in Chapter-XV
of the High Court of Madhya Pradesh Rules, 2008. In case of default in
payment of process fees or the submission of documents, the matter be listed
3 SA-100-2016
before the Bench within 15 days with the default report, else the matter be
listed immediately on receipt of service report in compliance with Rule 8(11)
of Chapter XIV and Rule-11 of Chapter XV of the High Court of Madhya
Pradesh Rules, 2008.
(SANJEEV S KALGAONKAR)
JUDGE
amol
